Under English law, employees have the right to claim for unfair dismissal in the Employment Tribunal if they have been employed by the employer for 2 years or more and the dismissal, was in legal terms, unfair. Making a successful claim or negotiating an acceptable settlement from the employer without going to trial involves understanding both your rights and potential risks.
make an enquiryA dismissal is unfair if it doesn’t meet legal standards based on either the underlying reason for dismissal or unfairness in the process of dismissal or both. Procedural issues are often at the heart of unfair dismissal claims:
Many unfair dismissal claims also involve discrimination, such as age, sex, or disability. These claims don’t require a minimum service period, unlike unfair dismissal claims. Employers often worry more about discrimination claims because the amount of compensation can be much higher than with unfair dismissal only, where the damages are generally limited to losses. In other words, if the employee gets another job soon after dismissal, the value of an unfair dismissal claim can be quite low. the employee is under a legal duty to seek to mitigate his or her losses, which means a duty to seek suitable alternative employment after being dismissed. failure to do this can result in a successful claim on the legal merits but with no damages or very reduced damages.
Employers are generally also concerned about bad publicity which may arise where an employee claims some form of discrimination.
When an employer’s actions leave you no choice but to resign, you may be able to claim constructive dismissal. Key points to understand before considering resigning and claiming constructive unfair dismissal include:
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